Bill Text: HI HB793 | 2024 | Regular Session | Introduced
Bill Title: Relating To Education.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB793 Detail]
Download: Hawaii-2024-HB793-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
793 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A-
Administration of emergency seizure
rescue medication; training. (a)
Beginning January 1, 2025, each
school may have at least one school employee on duty during the entire school
day to administer or assist with the self-administration of:
(1) Seizure rescue
medication or medication prescribed to treat seizure disorder symptoms approved
by the United States Food and Drug Administration; and
(2) A manual dose
of prescribed electrical stimulation using a vagus nerve simulator magnet as
approved by the United States Food and Drug Administration.
(b) The department may ensure that all school
employees assigned to administer or assist with the self-administration of
seizure rescue medication, vagus nerve stimulator magnet, or any other
medication prescribed to treat seizure disorder symptoms are either trained:
(1) Through a
training program adopted by rule pursuant to chapter 91 for the training of
school personnel in the health care needs of students diagnosed with a seizure
disorder; or
(2) By a physician,
advanced practice registered nurse, or physician assistant consistent with best
practice guidelines on seizure treatment and the recognition of the signs and
symptoms of seizures and the appropriate steps for seizure first aid.
(c) Beginning January 1, 2025, and on an
annual basis thereafter, all principals, guidance counselors, and teachers
employed by the department may complete at least one hour of self-study review
of seizure disorder materials developed by medical professionals with expertise
in seizure treatment and consistent with best practice guidelines on the
recognition of the signs and symptoms of seizures and the appropriate steps for
seizure first aid.
(d) Beginning January 1, 2025, and on an
annual basis thereafter, each school may provide an age appropriate seizure
education program to all students on seizures and seizure disorders. Should the seizure education program be
provided, the program shall be consistent with guidelines published by the
Epilepsy Foundation or any successor organization.
(e) This section shall not apply to any school
that does not have at least one student enrolled who has either:
(1) A seizure
disorder; or
(2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration prescribed by the student's health care provider."
SECTION 2. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2025, each public charter school may have at least one school employee on duty during the entire school day to administer or assist with the self-administration of:
(1) Seizure rescue
medication or medication prescribed to treat seizure disorder symptoms approved
by the United States Food and Drug Administration; and
(2) A manual dose
of prescribed electrical stimulation using a vagus nerve simulator magnet as
approved by the United States Food and Drug Administration.
(b) The public charter school may ensure that all
school employees assigned to administer or assist with the self-administration
of seizure rescue medication, vagus nerve stimulator magnet, or any other
medication prescribed to treat seizure disorder symptoms are trained by a
physician, advanced practice registered nurse, or physician assistant
consistent with best practice guidelines on seizure treatment and the
recognition of the signs and symptoms of seizures and the appropriate steps for
seizure first aid.
(c) Beginning January 1, 2025, and on an
annual basis thereafter, all principals, guidance counselors, and teachers
employed by the public charter school may complete at least one hour of
self-study review of seizure disorder materials developed by medical
professionals with expertise in seizure treatment and consistent with best
practice guidelines on the recognition of the signs and symptoms of seizures
and the appropriate steps for seizure first aid.
(d) In the case of any student who is certified by
the student's physician, advanced practice registered nurse, or physician
assistant as having a seizure disorder, the public charter school may establish
a seizure action plan for that student, in conjunction with the student's
parent or guardian, that may include but not be limited to the identification
of each employee trained to assist the student in the event of a seizure and
the method by which the trained employee is to be contacted in the event of the
seizure. The seizure action plan may be:
(1) Distributed to
every school employee or volunteer responsible for the supervision or care of
the student diagnosed with a seizure disorder; and
(2) Kept on file at
the public charter school at which the student is enrolled.
(e) Beginning January 1, 2025, and on an
annual basis thereafter, each public charter school may provide an age
appropriate seizure education program to all students on seizures and seizure
disorders. Should the seizure education
program be provided, the program shall be consistent with guidelines published
by the Epilepsy Foundation or any successor organization.
(f) This section shall not apply to any public
charter school that does not have at least one student enrolled who has either:
(1) A seizure
disorder; or
(2) A seizure
rescue medication or medication prescribed to treat seizure disorder symptoms
approved by the United States Food and Drug Administration prescribed by the
student's health care provider."
SECTION 3. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1164
Self-administration of medication by student and emergency
administration; [self-testing and self-management of diabetes by student;
assistance with diabetes testing; blood glucose monitoring by student;
assistance with blood glucose monitoring;] permitted. (a) The department shall permit:
(1) The self-administration of:
(A) Medication by a student for asthma, anaphylaxis, diabetes, seizure disorders, or other potentially life‑threatening illnesses; and
(B) Blood glucose monitoring by a student; and
(2) Department employees and agents to volunteer to administer:
(A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses;
(B) Glucagon in an emergency situation to students with diabetes;
(C) Auto-injectable
epinephrine in an emergency situation to students with anaphylaxis; [or]
(D) Seizure
medication or vagus nerve stimulation in an emergency situation to students
with seizure disorders; or
[(D)] (E) Blood
glucose monitoring or assist a student with blood glucose monitoring.
(b) The student's parent or guardian shall provide the department with:
(1) Written
authorization for the self-administration of medication or the emergency
administration of glucagon [or], auto-injectable epinephrine[;],
seizure medications, or vagus nerve stimulation magnet;
(2) In the case of self‑administration of medication:
(A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and
(B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student:
(i) Has asthma, anaphylaxis, seizure disorder, or another potentially life-threatening illness; and
(ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and
(3) In the case of
administration of insulin or emergency administration of glucagon to a student
with diabetes, blood glucose monitoring of a student, [or]
auto-injectable epinephrine to a student with anaphylaxis, or administration
of seizure medication or vagus nerve stimulation to a student with a seizure
disorder, written certification from the student's physician, advanced
practice registered nurse, or physician assistant stating that the student has
medical orders that insulin, glucagon, blood glucose monitoring, [or]
auto-injectable epinephrine, seizure medication, or vagus nerve stimulation
may be administered by a volunteer.
(c) In the case of any student who
is certified by the student's physician, advanced practice registered nurse, or
physician assistant as having a seizure disorder, the department may establish
a seizure action plan for that student, in conjunction with the student's
parent or guardian, that may include but not be limited to the identification
of each school employee trained to assist the student in the event of a seizure
and the method by which the trained employee is contacted in the event of the
seizure.
The seizure action plan may be:
(1) Distributed to every school employee or
volunteer responsible for the supervision or care of the student diagnosed with
a seizure disorder; and
(2) Kept on file at the school at which the
student is enrolled.
[(c)]
(d) The department shall inform
the student's parent or guardian in writing that the department and its
employees or agents shall not incur any liability as a result of any injury arising
from compliance with this section.
[(d)]
(e) The student's parent or
guardian shall sign a statement acknowledging that:
(1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and
(2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section.
[(e)]
(f) The permission shall be
effective for the school year for which it is granted and shall be renewed for
each subsequent school year upon the fulfillment of the requirements in this
section.
[(f)]
(g) Notwithstanding any other law
to the contrary, a student who is permitted to self-administer medication under
this section shall be permitted to carry an inhaler or auto‑injectable
epinephrine, or both, at all times if the student does not endanger the
student's person or other persons through the misuse of the inhaler; provided
that the department, its employees or agents may confiscate a student's
medication, inhaler, or auto-injectable epinephrine if the student's self‑administration
of the medication exceeds the student's prescribed dosage, or if the student
endangers others with the student's medication, inhaler, or auto-injectable
epinephrine.
For the purposes of this section, the term "inhaler" includes:
(1) Metered-dose, breath-actuated, and dry powder inhalers; and
(2) Spacers and holding chambers.
[(g)] (h) Any employee or agent who volunteers to
administer insulin or glucagon in an emergency situation to a student with
diabetes [or], auto-injectable epinephrine to a student with
anaphylaxis, or seizure medication or vagus nerve stimulation to a student
with a seizure disorder, or who volunteers to administer or assist a
student with blood glucose monitoring shall receive instruction in the proper
administration of insulin, glucagon, auto-injectable epinephrine, seizure
medication or vagus nerve stimulation, or blood glucose monitoring by a
qualified health care professional. A
"qualified health care professional" means a licensed physician,
physician assistant, advanced practice registered nurse or registered nurse, or
certified diabetes educator. The student's
parent or guardian shall supply the school with the glucagon kit required to
administer the glucagon, any supplies necessary to administer insulin, blood
glucose monitoring, or with auto-injectable epinephrine supplies to administer
epinephrine. The school shall store the
glucagon kit, insulin supplies, blood glucose monitoring supplies, seizure
medication or vagus nerve stimulation magnet, or auto-injectable
epinephrine supplies in a secure but accessible location.
[(h)]
(i) Any person, except for a
qualified health care professional providing the training required in
subsection [(g),] (h), who acts in accordance with the
requirements of this section shall be immune from any civil or criminal
liability arising from these acts, except where the person's conduct would
constitute gross negligence, wilful and wanton misconduct, or intentional
misconduct."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to train employees to administer or assist with the self-administration of seizure rescue medication at each public school and public charter school.
The sums appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Education; Seizure Safe Schools; Seizure Disorder Rescue Medication; School Employee Training; Appropriation
Description:
Beginning January 1, 2025, authorizes public schools and public charter schools to have an employee trained to administer or assist with the self-administration of seizure disorder rescue medication, with certain exemptions. Authorizes all principals, guidance counselors, and teachers to perform an annual self-review of seizure disorder materials. Allows a seizure action plan for every diagnosed student to be established and distributed to employees charged with supervising the student. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
